Foreign agents face fines as low as $50 under rules drafted by Liberals

The federal government is proposing penalties as low as $50 for foreign agents who fail to register under a new law meant to counter foreign interference.

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The federal government is proposing penalties as low as $50 for foreign agents who fail to register under a new law meant to counter foreign interference, a move that has drawn sharp criticism from Conservative Members of Parliament and senators.

The draft regulations were first reported by Blacklock’s Reporter.

Public Safety Minister Gary Anandasangaree released the proposed regulations on Saturday, which govern a foreign influence transparency registry mandated by Parliament in June 2024.

A Regulatory Impact Analysis Statement from the Department of Public Safety said the regulations would allow some information, including payment details, to remain unpublished, citing privacy concerns. No deadline was set for enforcement, despite earlier government commitments that the registry would be operational by June 2025.

Parliament passed Bill C-70, An Act Respecting Countering Foreign Interference, on June 19, 2024. The law requires individuals and entities “acting at the direction of, for the benefit of or in association with a foreign entity” to register when lobbying public office holders, the media or the public.

The statute approved by Parliament allows for violations to carry penalties of up to five years imprisonment or fines of up to $5 million.

The draft regulations, however, propose administrative monetary penalties that could be as low as $50 per violation. They would also allow non-compliant individuals or organizations to enter compliance agreements that could reduce penalties or eliminate them entirely.

“The regulations would allow certain information not to be published,” the analysis statement said.

The department acknowledged that some stakeholders had urged the government to require disclosure of compensation paid to foreign agents, similar to reporting rules under the United States’ Foreign Agents Registration Act of 1938.

“Diaspora groups suggested publishing compensation details in the registry to show the scale of arrangements,” the statement said. “The department considered this but did not adopt it due to privacy concerns.”

The Department of Public Safety estimates that about 2,422 individuals and businesses could be required to register. Those covered would be subject to administrative penalties for non-compliance.

Anandasangaree acknowledged delays in implementing the registry during testimony before the House of Commons Public Safety Committee on November 6.

“I wish this was done earlier,” he said. “As you are aware, we are going through a process.”

Opposition Conservatives say the proposed penalties undermine Parliament’s intent.

“The Liberal government promised to get it up and running no later than June of this year,” Conservative MP Michael Cooper told a December 3 meeting of the House affairs committee. “It’s six months later. We don’t have a registry in place.”

Conservative MP Rachael Thomas said the proposed fines would not deter foreign interference.

“Disgraceful,” Thomas said. “The Liberals are apparently so devoted to safeguarding our democracy that, when foreign actors illegally interfere in our elections, the response is a $50 fine.”

Conservative Senator Leo Housakos also criticized the proposal.

“A $50 fine for undermining Canada’s democracy? Message received by hostile actors,” Housakos said. “The Liberals are gutting the foreign agents registry before it’s even implemented.”

Housakos also pointed to past controversies involving the minister.

Anandasangaree has previously defended letters he wrote as a Liberal MP in support of an immigration application by a Sri Lankan national later identified by authorities as having links to the Tamil Tigers, a group designated as a terrorist organization in Canada in 2006.

The minister has said the letters were part of routine constituency work and that he no longer issues such correspondence in his current role.